Navigating Georgia’s abortion laws requires understanding the statutes and court decisions that define the legal boundaries in the state. The legal framework involves specific timelines, procedural requirements for both patients and physicians, and distinct rules for minors. This overview explains the key aspects of Georgia’s abortion laws, including the requirements and restrictions currently in place.
Georgia’s Current Abortion Law
The primary law governing abortion in Georgia is House Bill 481, also known as the Living Infants Fairness and Equality (LIFE) Act.1Georgia General Assembly. House Bill 481 This statute establishes that abortions are prohibited once detectable embryonic or fetal cardiac activity is present, which is typically identified at approximately six weeks of gestation. The law defines this as the point when embryonic or fetal cardiac electrical impulses can be registered by medical equipment.
The LIFE Act shifted the legal framework from the previous standard of fetal viability to this earlier gestational point. The law has been the subject of legal challenges, including in the case SisterSong v. State of Georgia.2Justia Law. Georgia v. Sistersong Women of Color Reproductive Justice, et al. Following a Georgia Supreme Court ruling, the six-week ban is currently in effect while legal appeals continue, meaning physicians must test for cardiac activity before performing an abortion.
Exceptions to Georgia’s Abortion Restrictions
Georgia’s abortion law includes specific and narrowly defined exceptions. An abortion may be legally performed after the detection of cardiac activity in cases of a medical emergency. This is defined as a situation where the pregnancy poses a threat to the pregnant person’s life or risks a “substantial and irreversible physical impairment of a major bodily function.”
Another exception is for a pregnancy diagnosed as “medically futile,” a term that applies when a lethal fetal anomaly is identified, meaning the fetus is unlikely to survive past birth. This determination must be documented in the patient’s medical records.
The law also provides an exception for pregnancies resulting from rape or incest, but with strict conditions. To qualify, the patient must have filed an official police report, and this exception only applies up to 20 weeks of gestation.3Justia Law. Georgia Code § 16-12-141 – Restrictions on the Performance of Abortions
Mandatory Requirements for Patients
Before an abortion can be performed in Georgia, several procedural requirements must be met. The law mandates a 24-hour waiting period between the patient’s initial consultation and the abortion procedure, which begins after the physician provides specific, state-required information.
This informed consent process requires the physician to inform the patient of the probable gestational age of the fetus and describe the abortion procedure and its medical risks. The patient must also be provided with information about medical assistance benefits for prenatal care and childbirth, as well as information about the father’s liability for child support.
As part of this process, an ultrasound must be performed. The law requires the provider to offer the patient the opportunity to view the ultrasound images and listen to the fetal heartbeat if one is detected. While the patient can decline to view the images or listen to the audio, the offer itself is a mandatory step for the provider.4Justia Law. Georgia Code § 31-9A-3 – Voluntary and Informed Consent to Abortion; Availability of Ultrasound
Legal Considerations for Minors Seeking an Abortion
When a person under 18 seeks an abortion in Georgia, additional legal requirements apply. State law, under O.C.G.A. § 15-11-680, mandates that a physician cannot perform an abortion on a minor without first providing notice to one of her parents or legal guardians at least 24 hours before the procedure.5Justia Law. Georgia Code § 15-11-682 – Parental Notification of Abortion
The law includes a process known as “judicial bypass,” which allows a minor to petition the superior court for an order waiving the parental notification requirement. A judge may grant this waiver if they find the minor is mature and well-informed enough to make the decision on her own or that notifying a parent would not be in her best interest, such as in cases of abuse or neglect.
The judicial bypass process is confidential and handled expeditiously by the court. The minor has the right to a court-appointed attorney to assist her through these proceedings.
Penalties for Unlawful Abortions
Georgia law establishes penalties for violations of its abortion statutes, primarily targeting medical professionals. A physician who performs an abortion in violation of the law, such as after the detection of cardiac activity without a qualifying exception, can face felony criminal charges. A conviction for performing an unlawful abortion can result in a prison sentence of one to ten years.6Justia Law. Georgia Code § 16-12-140 – Criminal Abortion
In addition to criminal prosecution, physicians face professional sanctions from the Georgia Composite Medical Board. This can include the suspension or complete revocation of their medical license, ending their ability to practice in the state. The language of H.B. 481 is structured to penalize the provider of the abortion rather than the pregnant person.